BEWARE THE GIFT OF POISON FRUIT
Charles Taylor at the Special Court for Sierra Leone. 33 According to
the Perišić Appeals Chamber judgement, aiding and abetting must
be ‘specifically directed’ toward the commission of crimes. 34
Despite some criticism of the Chamber’s ruling (and hence uncertainty
over how the rule would be applied in future), its reasoning was
to require a culpable connection between the aider and abettor
and the principal perpetrator of the crime. Whatever the wisdom
of their analysis, the result is that it is questionable that executive
actors would be individually criminally responsible for torture when
committed by complicit acts (such as sharing questions later used
in the torture of a detainee) unless a sufficient degree of culpability
such as specific direction is also shown.
In summary, the absolute prohibition against torture condemns both
active participation and acts of complicity in torture. Yet liability
for acts of complicity is complex, and various unsettled principles
of law serve to limit the predicable scope of State responsibility
and individual liability. In light of apparent inconsistencies in
jurisprudence and practice, further examination of the applicable
law would be welcome.
See SCSL, Prosecutor v. Charles Taylor, Appeals Judgement, SCSL-03-01-A,
26 September 2013, at paras. 479–480.
34
Citing ICTY, Prosecutor v. Dusko Tadic, Appeals Chamber Judgement, 15 July 1999,
IT-94-1-A, para.229.
33
28
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents